According to Florida Statute 509.035; an emergency closure is not a disciplinary action, but rather an action taken to mitigate conditions that pose an elevated risk to the health, safety or welfare of the public or the establishment's employees. The licensee is closed until the conditions are corrected. Examples of conditions warranting immediate closure include: lack of approved utilities or hot water, sewage backups or overflows, fire damage, pest infestation or inadequate refrigeration.

A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all critical violations that caused the suspension are corrected.

Madd Jacks Grillin Shack, Cocoa Beach was ordered Closed on June 10, 2014 due to Rodent Activity and was allowed to Reopen on June 13, 2014

1 Disciplinary Activity Orders Since January 2007

The Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Madd Jacks Grillin Shack either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.

Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Madd Jacks Grillin Shack or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.

According to Florida Statute 509.292; an operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment.

The identity of food or a food product is misrepresented if:

The description of the food or food product is false or misleading in any particular;

The food or food product is served, sold, or distributed under the name of another food or food product; or

The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage.

We find no records that indicate that Madd Jacks Grillin Shack, Cocoa Beach has ever been cited for food misrepresentation.

2 Food Service Inspections Since July 1, 2014

Inspection For:MADD JACKS GRILLIN SHACK

License Number:1506372

License ID:5380723

Inspection Visit ID:5428645

Inspection Date:Tuesday, December 02, 2014

Inspection Number:2421789

Visit Number:2

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Call Back - Complied - Return visit from a previous warning found violations to be corrected.

53A-05-5Intermediate.No currently certified food service manager on duty with four or more employees engaged in food preparation/handling. A list of accredited food manager certification examination providers can be found at http://www. Myfloridalicense. Com/dbpr/hr/food-lodging/managercertification. Html.

53A-08-4Intermediate.No list of certified food service managers available at the establishment.

35A-20-4Basic.Dead rodent present. There is a dead rodent under the 3 bin sink in the dish area **Admin Complaint**

21-10-4Basic.Dirty wiping cloth on the speed rack in the walk in cooler

36-22-4Basic.Floor area(s) covered with standing water. Prep area

36-73-4Basic.Floor soiled/has accumulation of debris. Water heater area

08B-24-4Basic.Food in contact with a surface that was contaminated and not cleaned and sanitized before use. There are open cases of chili beans,Number 10 cans of tomatoes Number 10 cans green beens with rodent droppings on top of the cans. Approximately 30 droppings **Admin Complaint**

08B-38-4Basic.Food stored on floor. Turkey in water

36-24-4Basic.Hole in wall. There are holes in the walls throughout the establishment

50-12-4High Priority - License is expired and is more than 60 after expiration date. **Corrected On-Site**

09-01-4High Priority.Employee touching ready-to-eat food with their bare hands - food was not being heated as a sole ingredient to 145 degrees F or immediately added to other ingredients to be cooked/heated to the minimum required temperature to allow bare hand contact. Establishment has no approved Alternative Operating Procedure. Touching cook ribs with bare hands

35A-19-4High Priority.Live rodent present. There is a live rodent in the trap in the closed by the water heater. One live rodent ran across the floor in the food dry storage area **Admin Complaint**

35A-04-4High Priority.Rodent activity present as evidenced by rodent droppings found. There is 5 old droppings on the kitchen closet floor where the chemicals are stored. There are 13 old and new rodent droppings on top of the water heater by the ice bin. There are 35 old and new droppings on the floor in the water heater area where the ice bin is located. There are 100plus new droppings in the dry storage on the floor **Admin Complaint**

31A-11-4Intermediate.Handwash sink used for purposes other than handwashing. Mop bucket is in the handsink

Inspection For:MADD JACKS GRILLIN SHACK

License Number:1506372

License ID:5380723

Inspection Visit ID:4992378

Inspection Date:Tuesday, March 25, 2014

Inspection Number:2309345

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:18

Number of High Priority Violations:3

Number of Intermediate Violations:3

Number of Basic Violations:12

Details

ViolationObservations of Inspector [as written on inspection]

14-01-4Basic.Bowl or other container with no handle used to dispense food. Plastic tub used for ice scoop in ice machine **Corrected On-Site**

12B-12-4Basic.Employee beverage container in a food preparation/clean dishware area does not have a lid and a straw or equivalent dispensing mechanism to prevent hand contact with lip contact area of drink container. On cook table **Corrected On-Site**

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:16

Number of High Priority Violations:2

Number of Intermediate Violations:2

Number of Basic Violations:12

Details

ViolationObservations of Inspector [as written on inspection]

23-06-4Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. There is grease buildup on the fryer side

51-11-4Basic.Carbon dioxide/helium tanks not adequately secured.

36-07-4Basic.Carpeting installed in a food preparation, food storage, warewashing or bathroom area. There is carpet on the line in the kitchen

14-11-4Basic.Equipment in poor repair. There is a broken window east side of property

36-22-4Basic.Floor area(s) covered with standing water. Utility room

36-13-4Basic.Grease accumulated under cooking equipment.

36-31-4Basic.Hole in ceiling. There is an unsealed hole where the piping goes into the ceiling

36-24-4Basic.Hole in wall. There is hoes in the wall in d storage

14-67-4Basic.Reach-in cooler gasket torn/in disrepair. The reasch in freezer has a torn gasket

14-20-4Basic.Ripped/worn tin foil used as food-contact shelf cover.

36-27-4Basic.Wall soiled with accumulated food debris. The walls by the cooker have food splash on them

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:16

Number of High Priority Violations:3

Number of Intermediate Violations:2

Number of Basic Violations:11

Details

ViolationObservations of Inspector [as written on inspection]

23-06-4Basic.Build-up of food debris, dust or dirt on nonfood-contact surface. There is grease buildup on the fryer side

51-11-4Basic.Carbon dioxide/helium tanks not adequately secured.

36-07-4Basic.Carpeting installed in a food preparation, food storage, warewashing or bathroom area. There is carpet on the line in the kitchen

14-11-4Basic.Equipment in poor repair. There is a broken window east side of property

36-22-4Basic.Floor area(s) covered with standing water. Utility room

36-13-4Basic.Grease accumulated under cooking equipment.

36-31-4Basic.Hole in ceiling. There is an unsealed hole where the piping goes into the ceiling

36-24-4Basic.Hole in wall. There is hoes in the wall in d storage

14-67-4Basic.Reach-in cooler gasket torn/in disrepair. The reasch in freezer has a torn gasket

14-20-4Basic.Ripped/worn tin foil used as food-contact shelf cover.

36-27-4Basic.Wall soiled with accumulated food debris. The walls by the cooker have food splash on them

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:13

Number of High Priority Violations:0

Number of Intermediate Violations:1

Number of Basic Violations:12

Details

ViolationObservations of Inspector [as written on inspection]

13-03-4Basic.Employee with no hair restraint while engaging in food preparation. Cook

13-07-4Basic.Employee wearing jewelry other than a plain ring on their hands/arms while preparing food. Server

14-11-4Basic.Glass plate in use as a rice cover

14-20-4Basic.Ripped/worn tin foil used as food-contact shelf cover.

24-07-4Basic.Cleaned and sanitized equipment or utensils not properly stored. Scoops in water

31B-04-4Basic.No handwashing sign provided at a hand sink used by food employees. By ice bin

33-16-4Basic.Open dumpster lid.

33-19-4Basic.Garbage on the ground and/or pad around dumpster.

35B-03-4Basic.Outer openings not protected with self-closing doors. East door

Each restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Madd Jacks Grillin Shack in Cocoa Beach Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Cocoa Beach's Madd Jacks Grillin Shack.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Madd Jacks Grillin Shack may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "High Priority/Intermediate/Basic" or "critical/noncritical" designation.